87695 - ETA' MEDIOEVALE E MODERNA

Learning outcomes

The student has a thorough knowledge of the development of mercantile and maritime law, with particular attention to an analysis of its fundamental principles. Acquired knowledges are for the student a foundamental search tool to understand of current assets of positive law and political Italian and European institutions.

Course contents

I module - prof. Ivano Pontoriero

II module - Prof.ssa D. Hoxha)

• A preliminary: origin and development of mercantile and maritime law
• Speciality and universality of Merchant Law
• Some typical negotial figures of Merchant Law
• Consulate of the Sea
• Maritime customs in Northern Europe
• The origin of autonomous science: treaties on commercial law (sec. XVI)
• The nationalization of Merchant Law: from the Ordonnance du commerce (1673) to the Code de Commerce (1807)
• The mercantile and maritime legislation in the experience of pre-unitarian italian States
• The Italian Commercial Code (1865)
• A new Italian Commercial Code (1882)
• Attempts to compile the Maritime Code
• The unification of Civil and Commercial codes (1942): the incorporation of Private Law into Merchant Law
• The Navigation Code (1942)
• The merchant justice: from "Mercanzie" to Commercial Courts of law
• Bankruptcy between Ancient Regime and commercial codifications
• The "economic democracy": from Companies of Indie (sec- XVIII) to Joint Stock Companies
• From proxeneta to mediator: genesis of a professional figure - The new lex mercatoria

Readings/Bibliography

1) Participating class students

For the class participating students the examination will be related to the topics treated during lessons. For the exam preparation, the notes taken during classes will be sufficient.

In order to track class presence, the modality will be communicated directly during the lesson session.

2) NON participating class students

For the students not participating classes, the examination program will relate to the following text books:

1) F. Galgano, Lex mercatoria, V edizione, Bologna 2010

2) E. Spagnesi, Il codice della navigazione. Una vicenda giuridica speciale, Pisa 2014, i soli cap. 1 (except §§ 10-11-12) e 2 (untill p. 123)

 

Erasmus

Foreign sudents not attending classes that are participating in the Socrates-Erasmus program can take the exam by establishing a special program with the prof. Pontoriero or prof.ssa Legnani Annichini.

Integrating exams which students who have moved from other Courses

The programme for integrating exams which students who have moved from other Courses needd to take is planned with each individual student on the basis of the programme completed and on the CFU necessary.

Teaching methods

The course is divided in two modules:

I module: Roman Age (prof. I. Pontoriero)

II module: Medieval and Modern Age (Prof.ssa Damigela Hoxha)

Students will be allowed to take the exam from the summer session onwards.

Assessment methods

The exam will be oral and the student must demonstrate to acquire knowledge of using critically historical skills, also into approach at issues of positive law and for the understanding of current assets of political Italian and European institutions.

The exams withheld abroad in this disciplines category will be considered valid.

 

The thesis

The thesis, intended for a detailed study of institutes, people and precise moments from juridical roman, medieval and modern history, will be assigned to those students who show a clear interest in the historical-juridical educational path.

Requests from those students who decline to dedicate the necessary time to make thesis elaboration a constructive experience will not be accepted.

Teaching tools

Teaching tools

The lessons will be kept using notes and projected material, all made available to the students (http://campus.cib.unibo.it)

Office Hours

See the website of Ivano Pontoriero

See the website of Damigela Hoxha

Office hours

See the website of Damigela Hoxha